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Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

Wren Alexander Investments, L.L.C. v. IRS (In re Wren Alexander Investments, L.L.C.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 12 years 10 months ago
Citation:
Wren Alexander Investments, L.L.C. v. Internal Revenue Service (In re: Wren Alexander Investments, L.L.C.), Case No. 12-50376 (5th Cir. June 4, 2013)
Ruling:
Affirmed lower courts' allowance of the IRS' claim against the debtor based upon a pre-petition lien on real property that the debtor aquired on the eve of bankruptcy from a delinquent third-party...
Judge(s):
GARZA, SOUTHWICK and HAYNES. PER CURIAM.
Tag(s):

Mehlhaff v. Allred (In re Mehlhaff)

Citation:
Mehlhaff v. Allred, No. 13-6012 (June 4, 2013)
Ruling:
The BAP affirmed the decision of the bankruptcy court that the debtor's prepetition alimony award was property of her bankruptcy estate, subject to any exemptions the debtor may have under South...
Judge(s):
Federman, Schermer, and Shodeen
Tag(s):

Ereren v. Marshack (In re Ereren)

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 12 years 10 months ago
Citation:
Ereren v. Marshack (In re Ereren), Case No. CC-12-1542-TaDKi (9th Cir. B.A.P. May 28, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the “Panel”) affirmed the holding of the United States Bankruptcy Court for the Central District of California (the...
Judge(s):
Taylor, Dunn, and Kirscher, Bankruptcy Judges.
Tag(s):

Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 12 years 10 months ago
Citation:
Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC), No. 12-1518, --- F.3d --- (4th Cir. May 24, 2013)
Ruling:
The Fourth Circuit affirmed the district court, first holding that the $161 million in stocks that customers transferred into the Wachovia brokerage accounts before Derivium's stock loan...
Judge(s):
King, Wynn, and Diaz, Circuit Judges
Tag(s):

Smith v. SA Challenger, Inc. (In re West Coast Real Estate & Mortgage Inc.)

  • Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
  • 12 years 10 months ago
Citation:
Smith v. SA Challenger, Inc. (In re West Coast Real Estate & Mortgage Inc.), B.A.P. Nos. EC-12-1471, EC-12-1485, EC-12-1493, EC-12-1498 (9th Cir. B.A.P., May 23, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel for the Ninth Circuit vacated and remanded orders of the Bankruptcy Court granting sanctions against the Chapter 11 debtor and certain...
Judge(s):
Jury, Markell and Dunn, Bankruptcy Judges
Tag(s):

Staker v. Jubber (In re D. Staker)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 12 years 10 months ago
Citation:
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling:
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property...
Judge(s):
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
Tag(s):

The Majestic Star Casino, LLC v. Barden Development, Inc. (In re The Majestic Star Casino, LLC)

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 12 years 10 months ago
Citation:
Nos. 12-3200/3201 (3d Cir., May 21, 2013)
Ruling:
Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not...
Judge(s):
Ambro, Jordan, and Vanaskie
Tag(s):

Bank of Cordell v. Sturgeon (In re Sturgeon)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 12 years 10 months ago
Citation:
Case No. WO-12-043 (B.A.P. 10th Cir. May 14, 2013) (published)
Ruling:
False representations are express misrepresentations while false pretenses includes conduct and material omissions and is defined as any series of events, when considered collectively, that create...
Judge(s):
Nugent, Romero, Jacobvitz
Tag(s):

Sharma v. Salcido (In re Sharma)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 12 years 10 months ago
Citation:
BAP Nos. CC-12-1302 and CC-12-1520 (entered May 14, 2013) (Unpublished)
Ruling:
Bankruptcy Court did not commit reversible error when determining the issue of liability under 11 U.S.C. Sec. 523(a)(2)(A) without a hearing since the Court found sufficient evidence in Complaint's...
Judge(s):
Markell, Taylor, Montali (9th Cir. BAP)
Tag(s):

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